natrajs
12-05 03:03 PM
Mine is EB2, India, PD 02/2002. Converted from EB3 to EB2.
Since you are very much interested in my story i'll tell you my GC Journey.
- 6 H1Bs (Since 2000)
- 2 LCs (One RIR in 2002, PERM in 2007)
- 1 45-day letter (in 2005)
- 2 I-140s (1 in 2006, 1 in 2007)
- 1 Layoff (in 2006)
- 1 I-485 (in 2007)
- 1 EB3 to EB2 converstion.
- 2 EADs (2007-08)
- 1 AP (2007)
- 2 Finger prints (2007-08)
- 5 SRs (4 no response, 1 useless response)
- 1 Infopass
- 2 Fax to NSC director with no response
- 2 letters to NSC director with no response
- 5 letters to congressmen and senators
- 1 letter to First Lady
- 1 response from FBI regarding name check.
- 2 Ombudsman enquiry (1 no response, 1 useless response)
- 2 responses from USCIS to congressmen enquiry (promising i'll get something before Oct 2008)
- 2 more followup enquiry to Congressmen (because nothing happend until Nov 1st week)
- 2 more followup response from USCIS (promising some status change before Nov 30th)
- 1 I-485 RFE (just before Nov 30th as they promised)
- Numberous phone calls to NSC
RFE received on 11/24, RFE response recd 12/01
12/04 GC approved.
Congrats and Best Wishes
Since you are very much interested in my story i'll tell you my GC Journey.
- 6 H1Bs (Since 2000)
- 2 LCs (One RIR in 2002, PERM in 2007)
- 1 45-day letter (in 2005)
- 2 I-140s (1 in 2006, 1 in 2007)
- 1 Layoff (in 2006)
- 1 I-485 (in 2007)
- 1 EB3 to EB2 converstion.
- 2 EADs (2007-08)
- 1 AP (2007)
- 2 Finger prints (2007-08)
- 5 SRs (4 no response, 1 useless response)
- 1 Infopass
- 2 Fax to NSC director with no response
- 2 letters to NSC director with no response
- 5 letters to congressmen and senators
- 1 letter to First Lady
- 1 response from FBI regarding name check.
- 2 Ombudsman enquiry (1 no response, 1 useless response)
- 2 responses from USCIS to congressmen enquiry (promising i'll get something before Oct 2008)
- 2 more followup enquiry to Congressmen (because nothing happend until Nov 1st week)
- 2 more followup response from USCIS (promising some status change before Nov 30th)
- 1 I-485 RFE (just before Nov 30th as they promised)
- Numberous phone calls to NSC
RFE received on 11/24, RFE response recd 12/01
12/04 GC approved.
Congrats and Best Wishes
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MVS
08-07 09:43 PM
My current EAD (based on I-485 application) is expiring on Aug 20th. I applied for the renewal only last month and have not received any approval yet.
As far as my history goes, I was on H1B from 2002 to 2006 and started using my first EAD processed through my husband's green card. Subsequently I renewed my EAD once and I changed employer once. I just received case status update on I-485 that "card production has been ordered and will take upto 30 days". :) I am afraid that my work eligibility status expires on aug 20 and i will be able to work if my EAD doesnt arrive by aug 20th and my GC doesnt arrive or is delayed for any other reason.:(
So What are my options to continue to work in the meantime? Can i ask my employer to file a new H1B for me now and start working on that? :confused:
As far as my history goes, I was on H1B from 2002 to 2006 and started using my first EAD processed through my husband's green card. Subsequently I renewed my EAD once and I changed employer once. I just received case status update on I-485 that "card production has been ordered and will take upto 30 days". :) I am afraid that my work eligibility status expires on aug 20 and i will be able to work if my EAD doesnt arrive by aug 20th and my GC doesnt arrive or is delayed for any other reason.:(
So What are my options to continue to work in the meantime? Can i ask my employer to file a new H1B for me now and start working on that? :confused:
Student with no hopes
04-22 02:36 PM
Retrogression literally means that USCIS / DOS are not able to allocate a CAP number to fulfill the I485 or GC request. So they anticipate that this will take time and they set a priority date for the category. This is called retrogression.
If you look at IV members profiles they show a priority date this is the date of labor filing. Essentially the 485 approvals are supposedly supposed to happen in accordance with this date.
So if the I485 is filed it cannot be approved if PD is not current.
If PD is not current I485 cannot be filed itself.
There is a very big number of individuals on this forum who could file 485 in Jul 07 as briefly USCIS / DOS made everything current and then retrogressed the dates back.
To realize how bad retrogression can be EB2 India is in Feb. 2005 and Eb3 IND is in Oct 2001. So you can realize since how long people have been waiting thanks to their categories being retrogressed. Refer Visa Bulletin for May 2010 (http://travel.state.gov/visa/frvi/bulletin/bulletin_4805.html) for details.
Thank you TeddyKoochu (Sir) for shedding light, but i still don't understand why the dates move backwards? and when the vb says U, what does it mean?
If you look at IV members profiles they show a priority date this is the date of labor filing. Essentially the 485 approvals are supposedly supposed to happen in accordance with this date.
So if the I485 is filed it cannot be approved if PD is not current.
If PD is not current I485 cannot be filed itself.
There is a very big number of individuals on this forum who could file 485 in Jul 07 as briefly USCIS / DOS made everything current and then retrogressed the dates back.
To realize how bad retrogression can be EB2 India is in Feb. 2005 and Eb3 IND is in Oct 2001. So you can realize since how long people have been waiting thanks to their categories being retrogressed. Refer Visa Bulletin for May 2010 (http://travel.state.gov/visa/frvi/bulletin/bulletin_4805.html) for details.
Thank you TeddyKoochu (Sir) for shedding light, but i still don't understand why the dates move backwards? and when the vb says U, what does it mean?
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ksrk
01-06 02:38 PM
Dude every politition plays politics and that is what they are supposed to do. Obama is a very very astitute Politician if he wasn't do you think he could have won over the Clintons???
If his interestes are alligned to ours his being astitute politician will be very very helpfull. My personal openion is he wants a second term he has to do some thing about immigration atleast show that he tried. and do it as early in his term as possible so that the back lash is limited. so lets wait and see. Offcourse we should continue the Lobying efforts...
I agree with this. Clearly, timing is everything! It makes most political sense to address immigration in the first term and earlier than later - so he can make the best of short-term memory (at the time of re-election) while reassuring immigrant groups of work/effort in the first term.
Of course, this can't precede measures to mitigate the economy effect or the war (a strong contention point Obama based his presidential bid on).
It sure remains to be seen how deftly he handles this topic with his team. Hopefully having pro-legal immigration folks like Janet Napolitano in his cabinet will be useful for our cause.
Hoping, praying and wishing all the best (including luck! :))...
If his interestes are alligned to ours his being astitute politician will be very very helpfull. My personal openion is he wants a second term he has to do some thing about immigration atleast show that he tried. and do it as early in his term as possible so that the back lash is limited. so lets wait and see. Offcourse we should continue the Lobying efforts...
I agree with this. Clearly, timing is everything! It makes most political sense to address immigration in the first term and earlier than later - so he can make the best of short-term memory (at the time of re-election) while reassuring immigrant groups of work/effort in the first term.
Of course, this can't precede measures to mitigate the economy effect or the war (a strong contention point Obama based his presidential bid on).
It sure remains to be seen how deftly he handles this topic with his team. Hopefully having pro-legal immigration folks like Janet Napolitano in his cabinet will be useful for our cause.
Hoping, praying and wishing all the best (including luck! :))...
more...
gkommineni
10-03 09:39 AM
Same here no updates..
dealsnet
04-28 03:14 PM
My nephew and niece got visit visa for another 10 years last month. Their 10 year visa was expired last year. They are now 18 and 16 years of age. They got their visa stamped in Kuwait. They did come here and left within 1 month for all their 5 visits. So the VO convince their intention (just for visit). So age is not problem, VO is not convinced most young guys (Indian) intentions. They give visit visa for young guys from Europe and other countries.
The VO said all the required documents are good. He was asked for how long he wants to be in US.(answer was 1 month)
VO said he can not issue visa as he is too young. "We are not issuing visa for people of your age."
The VO said all the required documents are good. He was asked for how long he wants to be in US.(answer was 1 month)
VO said he can not issue visa as he is too young. "We are not issuing visa for people of your age."
more...
gcwait2007
04-05 11:46 AM
Hi I got a job offer from TCS America. Not a great company to work with i guess but given the job market i want to be little conservative.
In the past i heard some bad things about TCS practices and benefits (medical and so). I am not sure if they stay the same or anything has changed. I also heard that they ask for 3 months notice if you choose to leave.
Could please any of you familiar with TCS and their benefits please pass on your comments. I am specially interested to know how professional they are and how their medical insurance work. (I am told the medical insurance is very bad that it doesn't cover much .. is that true?)
Appreciate your help in advance. It is important for me to know these details before i choose this career move.
Hi Andy,
I was an ex-employee of TCS America. I was a fresher when I joined them. I worked with them over a period of 40 months (3 yrs, 4 months). I learnt a lot from the organization. Over all, I feel TCS America is a great place to work, as far as work and learnings are concerned.
I was not concerned about perks that include medical benefits, etc. Those days in 2002, the termination notice on either side was 15 days. It cannot be 3 months, however I am not sure about these days.
In the past i heard some bad things about TCS practices and benefits (medical and so). I am not sure if they stay the same or anything has changed. I also heard that they ask for 3 months notice if you choose to leave.
Could please any of you familiar with TCS and their benefits please pass on your comments. I am specially interested to know how professional they are and how their medical insurance work. (I am told the medical insurance is very bad that it doesn't cover much .. is that true?)
Appreciate your help in advance. It is important for me to know these details before i choose this career move.
Hi Andy,
I was an ex-employee of TCS America. I was a fresher when I joined them. I worked with them over a period of 40 months (3 yrs, 4 months). I learnt a lot from the organization. Over all, I feel TCS America is a great place to work, as far as work and learnings are concerned.
I was not concerned about perks that include medical benefits, etc. Those days in 2002, the termination notice on either side was 15 days. It cannot be 3 months, however I am not sure about these days.
2010 Taylor Swift#39;s Kid Brother
uppaji
12-11 07:24 PM
Hi Thanks Perm2GC.
But do you know if it is going to be an issue if it says Computer Science in LC application and Electronics and Communication in Education evaluation?
Can I get a new education evaluation??
Please suggest.
Uppaji.
But do you know if it is going to be an issue if it says Computer Science in LC application and Electronics and Communication in Education evaluation?
Can I get a new education evaluation??
Please suggest.
Uppaji.
more...
ab_tak_chappan
08-15 02:15 PM
how the heck greens/reds matter? just get ur GC n move on :D:D
Thanks for more greens...:D:D:D
But I have question for you guys... I am sorry, If anyone asked already the same.
1. When can we expect full comity meeting ?
2. If full approved bill, Then when will be congress voting on this bill?
Thanks for more greens...:D:D:D
But I have question for you guys... I am sorry, If anyone asked already the same.
1. When can we expect full comity meeting ?
2. If full approved bill, Then when will be congress voting on this bill?
hair Taylor Swift and Austin Swift
food2006
07-23 05:34 PM
Hi guru's,
I had issued 2 cheques $745.00 in the name of USCIS and my file is received by them on july 2nd. Now one of my friend was telling me that cheque should be in the name of Department of Homeland Security. and not USCIS.
Is this true? Are there any chances of rectifying this? Would my application stand chances of rejection for this? or cheques can be issued on any of these agencies and it would get cleared?
Kindly clear my doubt. I got tensed from the moment my friend told me this.
-- Sorry for opening new thread, if there already exists one on same subject.
Both USCIS or Department of Homeland Security is OK.
I had issued 2 cheques $745.00 in the name of USCIS and my file is received by them on july 2nd. Now one of my friend was telling me that cheque should be in the name of Department of Homeland Security. and not USCIS.
Is this true? Are there any chances of rectifying this? Would my application stand chances of rejection for this? or cheques can be issued on any of these agencies and it would get cleared?
Kindly clear my doubt. I got tensed from the moment my friend told me this.
-- Sorry for opening new thread, if there already exists one on same subject.
Both USCIS or Department of Homeland Security is OK.
more...
Naveen
04-01 02:29 PM
http://thomas.loc.gov/cgi-bin/bdquery/D?d111:1:./temp/~bdLE27:@@@L&summ2=m&|/bss/111search.html|
Title: To amend the Immigration and Nationality Act to authorize certain aliens who have earned a Ph.D. degree from a United States institution of higher education in a field of science, technology, engineering, or mathematics to be admitted for permanent residence and to be exempted from the numerical limitations on H-1B nonimmigrants.
Sponsor: Rep Flake, Jeff [AZ-6] (introduced 3/30/2009) Cosponsors (None)
Latest Major Action: 3/30/2009 Referred to House committee. Status: Referred to the House Committee on the Judiciary.
-- Question is, if passed, Will the GC's give to PhD's count against the 140,000 Cap? If it doesnt good news for all us as it will help free up some numbers however small it may be
Title: To amend the Immigration and Nationality Act to authorize certain aliens who have earned a Ph.D. degree from a United States institution of higher education in a field of science, technology, engineering, or mathematics to be admitted for permanent residence and to be exempted from the numerical limitations on H-1B nonimmigrants.
Sponsor: Rep Flake, Jeff [AZ-6] (introduced 3/30/2009) Cosponsors (None)
Latest Major Action: 3/30/2009 Referred to House committee. Status: Referred to the House Committee on the Judiciary.
-- Question is, if passed, Will the GC's give to PhD's count against the 140,000 Cap? If it doesnt good news for all us as it will help free up some numbers however small it may be
hot Joined by her rother Austin,
GCBy3000
07-11 08:49 PM
I work for fortune 100 and It happened to me. I worked on location A and got my 140 approved. Then my company asked me to move to location B which is with in the same state but 120 miles away. MY attorney said I have to re-start my process and they did. I am still waiting for my second 140 approval.
Again, my attorney said, if the company allows for me to work at location A during the AOS stage, then it would be OK otherwise I have to re-start my labor. But my company said, it will not allow me to work at location A.
So that bottom line is, during your AOS ( 485) state, if you work at the original location and continue there for 180 days, then you can change the location. It falls under AC21 portability rule. PERIOD.
Hi Naagarajan,
I'm in the same boat as you and recently posted a similar thread.
http://immigrationvoice.org/forum/showthread.php?t=6059
Can you pls point out which part you specifically found out about the 'Changes in Job Location' in the link you gave:
http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=e4cfb8de3aa34b2e83efa41407cb0 42e
(I tried searching but it has too many parts and not a way to save locally to search.)
Were you able to find more from your Attorney/HR as I see mixed responses.
Pls let me know.
Thanks in advance.
Again, my attorney said, if the company allows for me to work at location A during the AOS stage, then it would be OK otherwise I have to re-start my labor. But my company said, it will not allow me to work at location A.
So that bottom line is, during your AOS ( 485) state, if you work at the original location and continue there for 180 days, then you can change the location. It falls under AC21 portability rule. PERIOD.
Hi Naagarajan,
I'm in the same boat as you and recently posted a similar thread.
http://immigrationvoice.org/forum/showthread.php?t=6059
Can you pls point out which part you specifically found out about the 'Changes in Job Location' in the link you gave:
http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=e4cfb8de3aa34b2e83efa41407cb0 42e
(I tried searching but it has too many parts and not a way to save locally to search.)
Were you able to find more from your Attorney/HR as I see mixed responses.
Pls let me know.
Thanks in advance.
more...
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immidude
07-19 10:43 AM
I see in IV web site we need to make checks payable to
'United States Citizenship and Immigration Service'
but i got diffrent info from my employer that i need to make it payble to
Department of Home land security
which one is correct?
'United States Citizenship and Immigration Service'
but i got diffrent info from my employer that i need to make it payble to
Department of Home land security
which one is correct?
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Dirk Krueger
03-01 01:33 PM
Dear ImmigrationVoice - thank you for helping me getting my story out. I am scheduled to leave the US, flight rescheduling pending, this saturday, and have basically said good bye to my daughter. I will keep fighting to be back here one day and nothing shall stop me.
Dirk
http://immigrationparentsreform.blogspot.com/
Hello All -
the new law may not help me much, but from Germany I still try to fight on.
Please help me get my story out and spread further.
One site I linked my Open Letter To President Bush to is here:
http://digg.com/political_opinion/Open_Letter_to_the_President_May_13_2007
and
http://www.petitiononline.com/07ptbu05/petition.html
Thank you! And good luck to all of you!
Dirk
This is indeed a sad story and at the same time an excellent example of the absurdity of US Immigration rules. To not be sympathetic to legal, US educated, tax paying immigrants and then simply allow illegals to usurp social services and now, apparently, pay a fine and be all good is ridiculous.
Just fix up your grammar and perhaps leave out being partial to the Democrats (because realize who you are dealing with).
HI -
no it is already posted and sent to the White House. I wanted to show I value the diversity of the US in my saying I accept and understand how the US is run. Time was too short, I needed this out soon. It is already with the White House and spread on the web. Thank you for the support anyways!!!!
Dirk
http://immigrationparentsreform.blogspot.com/
Hello All -
the new law may not help me much, but from Germany I still try to fight on.
Please help me get my story out and spread further.
One site I linked my Open Letter To President Bush to is here:
http://digg.com/political_opinion/Open_Letter_to_the_President_May_13_2007
and
http://www.petitiononline.com/07ptbu05/petition.html
Thank you! And good luck to all of you!
Dirk
This is indeed a sad story and at the same time an excellent example of the absurdity of US Immigration rules. To not be sympathetic to legal, US educated, tax paying immigrants and then simply allow illegals to usurp social services and now, apparently, pay a fine and be all good is ridiculous.
Just fix up your grammar and perhaps leave out being partial to the Democrats (because realize who you are dealing with).
HI -
no it is already posted and sent to the White House. I wanted to show I value the diversity of the US in my saying I accept and understand how the US is run. Time was too short, I needed this out soon. It is already with the White House and spread on the web. Thank you for the support anyways!!!!
more...
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eb3_nepa
01-29 10:42 AM
I-485 Receipt Date Governs
Question 1. Is it the receipt date or the notice date that governs the counting of the 180-day period under AC21?
It is the receipt date that governs. AC21 speaks in terms of the I-485 pending for 180-days or more. Applications are pending from the time they are filed with the USCIS. It is therefore the day that the case actually was received by the USCIS that governs; not the date that the USCIS generated the receipt notice. This makes a significant difference; particularly for many of the summer 2007 filers, since there were substantial delays in issuance of receipt notices.
Loss of Employment after Filing I-485, before I-140 Approval Risky
Question 2. I lost my job before the I-485 had been pending 180 days. Can I still use portability?
It can be attempted, and we have done so successfully in many cases. This is important for some summer 2007 filers, as some employers tend to conduct layoffs at the end of the year. For some, the layoffs came as they were approaching, but had not yet reached, the 180-day point.
One of the major concerns in a layoff situation is the I-140. If the I-140 has been approved, then the concern is whether the employer will withdraw it before the 180-day point. The I-140 must remain intact until the I-485 reaches the 180-day point. See, our August 12, 2003 article, BCIS Memo on I-485 Portability after I-140 Revocation. Alternatively, if the I-140 has not been approved, there is still the possibility of using AC21, but it is much riskier. This issue is addressed in a USCIS memo discussed in our May 27, 2005 article, Yates May 2005 Memo on AC21 and I-140s, as well as our October 6, 2006 article, USCIS reissues AC21 Memo with Clarification. The risks are explained in more detail in the October 6, 2006 memo.
There are some key concerns in this situation. If one is laid off, it is best to get input from an experienced immigration attorney to address status maintenance and the preservation of any possible benefits from the prior green card filing. Often, it is best to file a new green card case as a backup, even if it is potentially possible to pursue a pending green card case.
Never Worked for GC-Sponsoring Employer - Potential Fraud
Question 3. I never worked for my "green card" sponsoring employer. It was a future job offer. Can I use AC21 portability?
Yes, one potentially could do this, but it could raise questions of whether the initial job offer from the labor certification-sponsoring employer was valid or bona fide. Employment-based green card applications are all based on the concept of a future job offer. Therefore, there is no legal requirement to work for the sponsor at the time of filing the labor certification (LC), or even while the I-140 or I-485 is pending. The best proof that a job offer is valid, however, is working for the sponsor. Thus, filing a case as a future job offer, without working for the sponsor, then using AC21 to move to an alternative position, can raise questions of intent and potential fraud or misrepresentation. The safe approach is to avoid this scenario by working for the sponsoring employer.
New Job Can be "Similar" but Differ in Some Respects
Question 4. My new job has a different title, but the same basic duties as the job described in the labor certification. Will that work?
In our experience, yes. The AC21 determination is governed by duties of the job rather than the job title, as job titles often differ between companies, even for very similar positions. The AC21 law uses the terminology "same or similar job classification." The June 2001 guidance refers us to the DOL system of occupational classification as a guideline. The later May 2005 Yates Memo makes the same references. The duties listed for the original job offer should be compared with the job duties of the new position to determine within which category they fall. The DOL categories are generally fairly broad. In many situations, therefore, this does not present a significant problem. It is important to note that the duties generally govern, and not specific technologies, in most cases; though this could be different in a given situation.
Risk if Employer Revokes I-140 Petition before I-485 Pending 180 Days
Question 5. I am afraid that, if I change my job, my employer will try to harm my green card case. What are the risks?
This is, in part, addressed in Question 2. The employer does not control the I-485 application, since this is filed directly by the foreign national. The I-485 is based on the I-140, however, which is the employer's filing. The employer can always withdraw or revoke the I-140 petition. If the I-140 petition has been approved, and the I-485 has been pending for 180 days, the employer can still revoke the I-140 petition approval. This does not prevent the case from being approved, however. Under the August 4, 2003 Yates memo, an approved I-140 petition remains valid, once the I-485 application has been pending for 180 days, even if the employer requests the revocation of the I-140 petition. In that situation, if the foreign national has not provided information about the new job, then the USCIS will issue a Notice of Intent to Deny (NOID). If a NOID is issued, a response must be filed demonstrating eligibility under AC21. If the file contains documentation about the new job, the case should just continue being processed.
Even if the I-485 has been pending 180 days, it is quite risky if the I-140 has not been approved. Under the 2005 Yates memo, there are still possibilities for approval, but many pitfalls remain. One of the primary potential problems arises if an RFE is issued. At that point, many employers either will not respond or will withdraw the I-140 petition, risking the entire case.
Sponsoring Employer Has No Obligation to Revoke I-140 after Employee Leaves
Question 6. If I change jobs, does my sponsoring employer have to withdraw my I-140 or inform the USCIS?
No. Unlike the H1B, there is no requirement for the employer to notify the USCIS of termination of the employment or withdraw the I-140 petition. Many employers do not withdraw I-140s upon employment termination. This is particularly true after July 16, 2007, since it is no longer possible to file labor certification substitution cases. In labor certification substitution cases, the employer was required to revoke the previously approved I-140 for the original beneficiary in order to substitute a new beneficiary. Thus, employers had a valid reason for revocation in some instances. Now, there is often no reason or need to revoke an I-140.
Question 1. Is it the receipt date or the notice date that governs the counting of the 180-day period under AC21?
It is the receipt date that governs. AC21 speaks in terms of the I-485 pending for 180-days or more. Applications are pending from the time they are filed with the USCIS. It is therefore the day that the case actually was received by the USCIS that governs; not the date that the USCIS generated the receipt notice. This makes a significant difference; particularly for many of the summer 2007 filers, since there were substantial delays in issuance of receipt notices.
Loss of Employment after Filing I-485, before I-140 Approval Risky
Question 2. I lost my job before the I-485 had been pending 180 days. Can I still use portability?
It can be attempted, and we have done so successfully in many cases. This is important for some summer 2007 filers, as some employers tend to conduct layoffs at the end of the year. For some, the layoffs came as they were approaching, but had not yet reached, the 180-day point.
One of the major concerns in a layoff situation is the I-140. If the I-140 has been approved, then the concern is whether the employer will withdraw it before the 180-day point. The I-140 must remain intact until the I-485 reaches the 180-day point. See, our August 12, 2003 article, BCIS Memo on I-485 Portability after I-140 Revocation. Alternatively, if the I-140 has not been approved, there is still the possibility of using AC21, but it is much riskier. This issue is addressed in a USCIS memo discussed in our May 27, 2005 article, Yates May 2005 Memo on AC21 and I-140s, as well as our October 6, 2006 article, USCIS reissues AC21 Memo with Clarification. The risks are explained in more detail in the October 6, 2006 memo.
There are some key concerns in this situation. If one is laid off, it is best to get input from an experienced immigration attorney to address status maintenance and the preservation of any possible benefits from the prior green card filing. Often, it is best to file a new green card case as a backup, even if it is potentially possible to pursue a pending green card case.
Never Worked for GC-Sponsoring Employer - Potential Fraud
Question 3. I never worked for my "green card" sponsoring employer. It was a future job offer. Can I use AC21 portability?
Yes, one potentially could do this, but it could raise questions of whether the initial job offer from the labor certification-sponsoring employer was valid or bona fide. Employment-based green card applications are all based on the concept of a future job offer. Therefore, there is no legal requirement to work for the sponsor at the time of filing the labor certification (LC), or even while the I-140 or I-485 is pending. The best proof that a job offer is valid, however, is working for the sponsor. Thus, filing a case as a future job offer, without working for the sponsor, then using AC21 to move to an alternative position, can raise questions of intent and potential fraud or misrepresentation. The safe approach is to avoid this scenario by working for the sponsoring employer.
New Job Can be "Similar" but Differ in Some Respects
Question 4. My new job has a different title, but the same basic duties as the job described in the labor certification. Will that work?
In our experience, yes. The AC21 determination is governed by duties of the job rather than the job title, as job titles often differ between companies, even for very similar positions. The AC21 law uses the terminology "same or similar job classification." The June 2001 guidance refers us to the DOL system of occupational classification as a guideline. The later May 2005 Yates Memo makes the same references. The duties listed for the original job offer should be compared with the job duties of the new position to determine within which category they fall. The DOL categories are generally fairly broad. In many situations, therefore, this does not present a significant problem. It is important to note that the duties generally govern, and not specific technologies, in most cases; though this could be different in a given situation.
Risk if Employer Revokes I-140 Petition before I-485 Pending 180 Days
Question 5. I am afraid that, if I change my job, my employer will try to harm my green card case. What are the risks?
This is, in part, addressed in Question 2. The employer does not control the I-485 application, since this is filed directly by the foreign national. The I-485 is based on the I-140, however, which is the employer's filing. The employer can always withdraw or revoke the I-140 petition. If the I-140 petition has been approved, and the I-485 has been pending for 180 days, the employer can still revoke the I-140 petition approval. This does not prevent the case from being approved, however. Under the August 4, 2003 Yates memo, an approved I-140 petition remains valid, once the I-485 application has been pending for 180 days, even if the employer requests the revocation of the I-140 petition. In that situation, if the foreign national has not provided information about the new job, then the USCIS will issue a Notice of Intent to Deny (NOID). If a NOID is issued, a response must be filed demonstrating eligibility under AC21. If the file contains documentation about the new job, the case should just continue being processed.
Even if the I-485 has been pending 180 days, it is quite risky if the I-140 has not been approved. Under the 2005 Yates memo, there are still possibilities for approval, but many pitfalls remain. One of the primary potential problems arises if an RFE is issued. At that point, many employers either will not respond or will withdraw the I-140 petition, risking the entire case.
Sponsoring Employer Has No Obligation to Revoke I-140 after Employee Leaves
Question 6. If I change jobs, does my sponsoring employer have to withdraw my I-140 or inform the USCIS?
No. Unlike the H1B, there is no requirement for the employer to notify the USCIS of termination of the employment or withdraw the I-140 petition. Many employers do not withdraw I-140s upon employment termination. This is particularly true after July 16, 2007, since it is no longer possible to file labor certification substitution cases. In labor certification substitution cases, the employer was required to revoke the previously approved I-140 for the original beneficiary in order to substitute a new beneficiary. Thus, employers had a valid reason for revocation in some instances. Now, there is often no reason or need to revoke an I-140.
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uwa_hajar
09-01 06:42 PM
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chantu
02-12 05:26 PM
I don't see any of the comments you posted here on CNN. Even my comment is still under moderation. But I can see comments of lot of people who are against immigration. After all it is CNN.
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adibhatla
12-07 12:53 PM
Even the USCIS cannot say anything unless you update your profile. Which country is your chargeability?
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piyu7444
09-19 02:58 AM
Guys,
I would really appreciate your help here:
How many days before the start date on the H-1B approval notice can one go to the US embassy to get the H-1B visa?
The new H-1B approval has a start date of Nov 1, 2008. Can one go on say Oct 15, and enter the US with a new visa before Nov 1st?
Current status is H-1B, expiring on Oct 31, 2008.
Thanks.
Different consulate have different rules of how early one can apply for an approved h1b petition but from what I know and understand he can go before OCT 31 and get a stamp for the start date of Nov 1. He can go as early as 15 day i.e. OCT 15 /16
I would really appreciate your help here:
How many days before the start date on the H-1B approval notice can one go to the US embassy to get the H-1B visa?
The new H-1B approval has a start date of Nov 1, 2008. Can one go on say Oct 15, and enter the US with a new visa before Nov 1st?
Current status is H-1B, expiring on Oct 31, 2008.
Thanks.
Different consulate have different rules of how early one can apply for an approved h1b petition but from what I know and understand he can go before OCT 31 and get a stamp for the start date of Nov 1. He can go as early as 15 day i.e. OCT 15 /16
ivar
07-27 01:32 PM
Did you get your denial papers, there is a date mentioned in the denial papers, you will have to respond within that date to appeal your case with supporting documents if the case is denied in ERROR (they give reasons in denial letter). If you don't respond the case is denied forever.
Also remember one thing you can't have two PERM applications open for the same company, same position and ofcourse same person. I had to withdraw my appeal to file a new PERM. some people here seem to be lucky to get perm in 2 months but for me it always took around 10 to 11 months. I lost 10 months in appeal and 2 months for withdrawal. so better decide what you would like to do.
Other option, which i am not sure is legal (or valid) would be to appeal the case and when the case status changes to pending file for H1b extension. In the mean time look if some consulting company can file PERM for you externally, if you get that PERM approved you can transfer your H1b... I mean it is easier for us to advice.. and i totally understand what you must be going through.. I was just thinking what options are open.
Thanks for your response ivar,rohit1204 !
As suggested i would ask my employer to start the new PERM process immediately as well as file the request for the reconsideration to DOL/Balca for denied perm (I believe which makes the PERM status to pending and borrow some time) and at same time to file for H1B extension for 7th year based on submission request of reconsider to DOL/BALCA.
I am 100 % sure my case has screwed up because negligence or ??.
It is a really a very horrible experience.
Do you know if the denied perm file date can be considered..in case if my employer filed the new perm in Oct 2010..
Also remember one thing you can't have two PERM applications open for the same company, same position and ofcourse same person. I had to withdraw my appeal to file a new PERM. some people here seem to be lucky to get perm in 2 months but for me it always took around 10 to 11 months. I lost 10 months in appeal and 2 months for withdrawal. so better decide what you would like to do.
Other option, which i am not sure is legal (or valid) would be to appeal the case and when the case status changes to pending file for H1b extension. In the mean time look if some consulting company can file PERM for you externally, if you get that PERM approved you can transfer your H1b... I mean it is easier for us to advice.. and i totally understand what you must be going through.. I was just thinking what options are open.
Thanks for your response ivar,rohit1204 !
As suggested i would ask my employer to start the new PERM process immediately as well as file the request for the reconsideration to DOL/Balca for denied perm (I believe which makes the PERM status to pending and borrow some time) and at same time to file for H1B extension for 7th year based on submission request of reconsider to DOL/BALCA.
I am 100 % sure my case has screwed up because negligence or ??.
It is a really a very horrible experience.
Do you know if the denied perm file date can be considered..in case if my employer filed the new perm in Oct 2010..
EndlessWait
07-12 02:19 PM
said thanks to her .. gave my details.